the first amendment and lgbt equality a contentious history

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Carlos A. Ball argues that as progressives fight the First Amendment claims of religious conservatives and other LGBT opponents, they should take care not to forget the crucial role the First Amendment played in the early decades of the movement, and not to erode the safeguards of liberty that allowed LGBT rights to exist in the first place.

The right to free speech intersects with many other constitutional rights. Those intersections have significantly influenced the recognition, scope, and meaning of rights, ranging from freedom of the press to the Second Amendment right to bear arms. They have also influenced interpretation of the Free Speech Clause itself. This book examines the relations between the U.S. Constitution's Free Speech Clause and other constitutional rights. Free speech principles and doctrines have brought about constitutional rights including equal protection, the right to abortion, and the free exercise of religion. They have also provided mediating principles for constructive debates about constitutional rights. At the same time, in its interactions with other constitutional rights, the Free Speech Clause has also been a complicating force. It has often dominated rights discourse and has subordinated or supplanted free press, assembly, petition, and free exercise rights. Currently, courts and commentators are fashioning the Second Amendment right to keep and bear arms in the image of the Free Speech Clause. Borrowing the Free Speech Clause for this purpose may turn out to be detrimental for both rights. While examining the dynamics that have brought free speech and other rights together, the book assesses the products and consequences of these intersections, and draws important lessons from them about constitutional rights and constitutional liberty. Ultimately, the book defends a pluralistic conception of constitutional rights that seeks to leverage the power of the Free Speech Clause but also tame its propensity to subordinate, supplant, and eclipse other constitutional rights.

In 1951, a new type of publication appeared on newsstands—the physique magazine produced by and for gay men. For many men growing up in the 1950s and 1960s, these magazines and their images and illustrations of nearly naked men, as well as articles, letters from readers, and advertisements, served as an initiation into gay culture. The publishers behind them were part of a wider world of “physique entrepreneurs”: men as well as women who ran photography studios, mail-order catalogs, pen-pal services, book clubs, and niche advertising for gay audiences. Such businesses have often been seen as peripheral to the gay political movement. In this book, David K. Johnson shows how gay commerce was not a byproduct but rather an important catalyst for the gay rights movement. Offering a vivid look into the lives of physique entrepreneurs and their customers, and presenting a wealth of illustrations, Buying Gay explores the connections—and tensions—between the market and the movement. With circulation rates many times higher than the openly political “homophile” magazines, physique magazines were the largest gay media outlets of their time. This network of producers and consumers helped foster a gay community and upend censorship laws, paving the way for open expression. Physique entrepreneurs were at the center of legal struggles, especially against the U.S. Post Office, including the court victory that allowed full-frontal male nudity and open homoeroticism. Buying Gay reconceives the history of the gay rights movement and shows how consumer culture helped create community and a site for resistance.

In this fascinating cultural history of interracial marriage and its legal regulation in the United States, Fay Botham argues that religion--specifically, Protestant and Catholic beliefs about marriage and race--had a significant effect on legal decisions concerning miscegenation and marriage in the century following the Civil War. She contends that the white southern Protestant notion that God "dispersed" the races and the American Catholic emphasis on human unity and common origins point to ways that religion influenced the course of litigation and illuminate the religious bases for Christian racist and antiracist movements.